Whitney, Alias Winston v. State

HBHDBRSOH, Judge.

Appellant was convicted of rape, and his punishment assessed at ten years confinement in the penitentiary.

This case was reversed at a former term because, in the opinion of this court, the trial court, in the formation of the grand jury which presented the bill of indictment, discriminated against appellant, and also because the court failed to delay the case in order to enable him to present evidence that the court discriminated against appellant in the special venire summoned to try his case. 42 Texas Crim Rep., 283,. 1 Texas Ct. Rep., 172. It appears that, in accordance…